Strict Scrutiny - Five-Dimensional Chess

Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 6/12 – NYC
  • 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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Amicus With Dahlia Lithwick | Law, justice, and the courts - An Interview With Justice Ruth Bader Ginsburg

Exclusive to Slate Plus members, Dahlia Lithwick’s January interview with Ruth Bader Ginsburg about the women of Harvard Law School’s class of 1959. 

Sign up for Slate Plus now to listen to the full interview and support our show.

Go to Slate.com/RBG for more on all the women of the class.

Find the print version of this interview here

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Opening Arguments - OA408: What Happens When The CARES Act Expires Tomorrow?

Today's episode takes a deep dive into the Republican proposal to extend the CARES Act, which is (of course) called the HEALS Act. It's a Republican proposal, so you know it's probably terrible, but... how bad is it? (Bad.) Listen and find out!

Remember that our LIVE Q&A is THIS SATURDAY, 8/1, at 7:30 pm Eastern / 4:30 pm Pacific!

We begin, however, with some good news! The D.C. Circuit has granted en banc review and vacated the prior panel opinion in the Michael Flynn case. That means our amicus brief is (potentially) back in business, baby!

From there, we take down Trump's idiotic distract-o-Tweet of the day involving postponing the 2020 Election. No. He can't do this. It won't happen. Trump's a monster, but no.

Then it's time for a deep dive on the CARES Act, which includes some mystery provisions we've outsourced to you, our listeners!

After all that, it's time for #T3BE, this one a (straightforward?) question about permissible witness testimony. Remember that you too can play along by sharing this episode on social media using #T3BE.

Patreon Bonuses

Lots of goodies, including the Q&A Questions thread and Andrew's "100 Seconds" talk to the UK Skeptics in the Pub!

Appearances

Andrew pops in again for an interview on The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We broke down why Trump can't cancel the election in detail in Episode 370.
  2. You can click here to read the McConnell HEALS Act proposal; here for the Rubio/Collins proposal we discussed on a second round of PPP loans; and here for the academic research led by Raj Chetty that PPP loans don't work.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!

Opening Arguments - OA407: Trump’s Illegal DHS Secretary

The very person in charge of Homeland Security is essentially "here illegally." The upside is, though, there is a one weird trick to undo everything he has done while overstaying his tenure! And by "trick" we mean a lengthy A. Torrez deep dive, so tune in!

Before that, we talk about updates in the Flynn case and how the government is LYING about a Federal Rule.

Links: DOJFlynnEnBancReply, 5 US Code § 3346 - Time limitation, 6 US Code § 551 - Transitional authorities, 22 US Code § 9685 - Transitional authorities, 5 US Code § 3348 - Vacant office, National Labor Relations Board v. SW General, The Vacancies Act: A Legal Overview, DHS Under Boss, Trump's New Acting AG Unconstitutional?, Acting Officers and the Federal Vacancies Reform Act, List of Bailfunds

Strict Scrutiny - “Three Generations of Imbeciles”

Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 6/12 – NYC
  • 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Amicus With Dahlia Lithwick | Law, justice, and the courts - Amicus Presents: The Class of RBG Part Two

When Ruth Bader Ginsburg became the second woman appointed to the U.S. Supreme Court, the women who went to law school with her knew something of what it had taken to get there. In the second part of this special series, Dahlia Lithwick talks to Justice Ginsburg’s classmates about their lives in the law after Harvard, and to Justice Ginsburg herself about what women in the law today can take from their stories. 

Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here. 

Archive of President Bill Clinton announcing his intent to nominate Ruth Bader Ginsburg to the Supreme Court courtesy; William J. Clinton Presidential Library.

Podcast production by Sara Burningham.

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SCOTUScast - United States Patent and Trademark Office v. Booking.com B.V.

On June 30, 2020 the Supreme Court released its decision in United States Patent and Trademark Office v. Booking.com B.V.. In an 8-1 decision, the Court upheld the ruling of the lower court, which found that “Booking.com” is not a generic term, and is thus eligible for trademark protection. Justice Ginsburg wrote the majority opinion for the Court, writing that a website styled “generic.com” does not qualify it for federal trademark protection if the term has meaning to consumers; however, because “Booking.com” does not necessarily signify to consumers an online hotel reservation service, it is therefore not a generic term, and qualifies for protection. Justice Sotomayor authored a concurring opinion, and Justice Breyer dissented.
Joining us today to discuss this case and its implications is Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law at George Washington University’s School of Law

Opening Arguments - OA406: Fascism in Portland

Listeners and co-hosts alike have been wanting Andrew to do a breakdown of the situation in Portland. There are big questions like, for example, how? and WTF? and what can anyone do? Andrew answers these and gives us the timeline of what's led to the Trump administration sending out paramilitary troops to abduct people in unmarked vans, like a totally non-fascist president would do. Before that, we talk about the gun wielding couple from St. Louis who threatened BLM protestors, and how they're totally not going to face any justice for their undeniable crimes because they are white.

Links: OA307: The Census Fight Is Not Over, St. Louis lawyers Mark and Patricia McCloskey, 2005 Missouri Revised Statutes - § 571.030. — Unlawful use of weapons, St. Louis Gun Couple Charged, MO Gov Vows To Pardon Gun Couple, Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar, Acting Secretary Wolf Condemns Violence In Portland, Portland Fence To Come Down, Portland City Council votes to defund police by $15 million, Executive Order on Protecting American Monuments, Federal Officers Deployed in Portland Didn't Have Proper Training, Man Shot in Face with Rubber Bullet, Portland Roadside Abduction, Ocasio-Cortez to introduce bill requiring federal officers to identify themselves, Terry v. Ohio, 8 USC 1357, 42 U.S. Code § 1983 - Civil action for deprivation of rights, Bivens v. Six Unknown Named Agents, In re Neagle, 18 USC 242

SCOTUScast - Courthouse Steps Decision: CO Dept. of State v. Baca and Chiafalo v. WA

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote.


Joining us today to discuss this decision and its implications is Derek Muller, Professor of Law at University of Iowa College of Law.

SCOTUScast - CO Dept. of State v. Baca and Chiafalo v. WA – Post-Decision SCOTUscast

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote.
Joining us today to discuss this decision and its implications is Derek Muller, Professor of Law at University of Iowa College of Law.